ORDER NO. 26846

APPROVAL AUTHORIZING THE SHERIFF TO
APPLY TO THE HAL AND CHARLIE PETERSON FOUNDATION 
FOR A GRANT

On this the 22nd day of January 2001, upon motion made by
Commissioner Williams, seconded by Commissioner Baldwin
the Court unanimously approved by a vote of 4-0-0, authorizing the
Sheriff to apply for a grant from the Hal and Charlie
Peterson Foundation in the amount of $92,925.00, to be used 
to purchase video units for each patrol vehicle, and
authorizing the County judge to sign the same.
FR~~ Kerr Counter ]uclge PHOfJE	h0. 1 21© 742 2218	Feb. 23 2©DO	92: 29pM pl
COMMISSIONERS'	COURT AGENDA REQ	UEST	
PLEASE FURNISH ONE ORIGINAL AND NUv'E COPIES OF THIS RF.UUEST AND DOC(JMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: W.R. Hierholzer~~~_ OFFJCF.: Kerr County Sher; ff's nanartman
MEETING DATE: 1/22/2001 TIME PREFERRED: __
SUBJECT: (PLEASE BE SPECIFIC)
To consider and discuss authorizing the Sheriff's Office to apply
to the Hal and Charlie Peterson Foundation for a grant.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
-NAME OF PERSON ADDRESSING TIC COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
W.R. Hierholzer
5 minutes
Time for submitCmg this request for Court to assure that the matter is posted in accordance with Titk 5, Chaptar
551 arad 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECENED BY:
THIS REQUEST RECEIVED ON:
/~
All Agctuia Requests will be screened by the County Judge's Office to determine if adequate information has been
preFared for the Court's formal consideration and action at time of Court Meetv~gs. Your woperation will be
appreciated and contribute towards you request bei11~ addressed at the earliest opportunity. See Agcnda Request Rules
Adopted by Commissioners' Court.
5:00 P.M. previous Tuesday.
CC[~M7ISSIONERS' COURT AGENDA REQUEST BACKUP
MEETING DATE: January 22, 2001
OFFICE: Kerr County Sheriff's Department
Grant of $92,925.00 to be used to purchase video units for each
patrol vehicle. Matching funds are not required.
HAL AND CHARLIE PETERSON FOUNDATION
515 Jefferson Street
P. O. Box 293870
Kerrville, Texas 78029.3870
(CERTIFICATION PAGE)
GRANT APPLICANT:
ADDRESS:
TAXPAYER ID#:
Kerr Coun
700 Main Street
Kerrville, Texas 7802
74-6001494
GRANT AMOUNT: 5 9 2, 9 2 5. 0 0
The undersigned, being a duly qualified representative of Kerr County Sheriff' s
Department as defined in the Code of Criminal Procedure Art. 2.17
hereby certifies the following to be true and correct:
The applicant named above is a govemmeutal unit as described in Section 170(c)(1) within the
meaning of Section 509(a)(1) and Section 170(b)(1)(A)(v) ofthe tatemal Revenue Code.
2. The purpose and use of any funds received as a resuh of this grant will be used exclusively for public
purposes, and the purpose or activity for which the funds will be spent is a function of or obligation
of the applicant.
The applicant has fully disclosed all financial infomration pertinent to the gram application.
PRINT
SIGNATURE: NAME:
Fred Henneke
TITLE: County Judge DALE: G~/22 / /
zooo Govammart appt~;on: amt
HAL AND CHARLIE PETERSON FOUNDATION
515 Jefferson Street
P. b. Box 293870
Kerrville, Texts 78029.3870
ORGANI7ATION'S APPLICATION FOR GRANT°
(Not for use 6Y individuals)
APPLICANT: Kerr County
(Name ojthe Applicant Organization)
700 Main Street
(Address)
Kerrville, Texas 78028
(City, Smte, Zip Code)
PART I: INFORMATION ABOUT THE APPLICANT
1. Is the Apphcant organized as a nonprofit organiration under state laws governing charitable organizations?
Yes x No
If yes, what state governs?
If no. glease eznlain:
Kerr County is a governmental arm of the State of Texas
empowered by statute.
2. Has the Applicant received a oiling or detemvnation letter from the hrtemal Revenue Service about any
of the following?
(a) Exempt status ................... Yes Y No
(b) Private foundation status ........... Yes x No
(c) Gtatrt making procedures .......... Yes x No
Attach a photocopy of each such letter If marked no Please explain
Kerr County is exempt by state statute
2000 Covanment Applicriicn: Ap,il
Page 1
HAL AND CHARLIE PETERSON FOUNDATION
Organization's Application for Grant
3.(a) Attach a copy ofthe Applicant Organization's budget for the year in which the grant funds are to be used
and a current balance sheet and operating statement of the applicant organvation.
See attachment A & B
(b) Attach a copy, complete with Schedule A, of the most recent Infomuttion Retum (IRS Form 990) filed by
the Applicant Organization with the Internal Revenue Service. If not required to be filed, organizations
classified under §509(x)(1) and §170(b)(1)(A)(vi) or §509(x)(2) must attach a summary of support
received from all sources for their currerR year and the preceding four years. (Reference: Form 990,
Schedule A, Part CV, Support Schedule.) If in existence less than five years, a summary for all years in
operation is to be attached.
Not applicable
(c) On a separate page (see page 4 attached), describe the Applicant Organization's purposes and activities
in general. See attachment C
(d) If grant funds are to be used to improve, purchase, or attach to property or equipment on which there is,
or will be a Gen or mortgage, or is leased, please provide amounts, teens, conditions, and names of
lienholders, mortgagees, or lessors. Provide details on ggy amourts the appGcarrt organization owes to
Officers, Directors, or principal employees of the applicant organization.
See attachment D
4. On a separate page (see page 5 attached), please list the name, address, and title of each member of the
Applicant Organization's board and officers.
5. Is the Applicant Organization controlled by, related to, connected with, or sponsored by another
organization?
x Yes No
If yes, ide~ify the organization (including its purposes and activities) and explain the relationship:
The Kerr County Sheriff's Department is controlled
financially by Kerr County Commissioners' Court.
6.(a) Is the Applicant Organization applying for a similar grate at this time from any other organization
including governmental entities?
Yes x No
(b) Has the Applicant. (or any organization listed in 5, above) ever applied for or received a grant from the Hal
and Charlie Peterson Foundation?
x Yes No
If yes to either of the above, please provide details:
October, 1994 Kerr County received a grant to be used by the
Sheriff's Department to purchase a computer for Gang Resource
System. Kerr County also applied for a grant"„fq~;, t<h,~. J,uv~nklQ
Detention Facility. "s
soon co.-~m~ a~i~~~:.~;~ Page 2
HAL AND CHARLIE PETERSON FOUNDATION
Organization's Application for Grant
PART II. USE OF THE PROPOSED GRANT:
Show the amount requested on a separate page (see Page 4 attached) and explain in detail how it will be
used. State whether the grurt is to be eannarked or used for the benefit of any one person, group, or class
of people. If so, for whom?
8. Person to contact who will be administering the proposed program:
W.R. Hierholzer
(Name)
400 Clearwater Paseo
(Address)
Kerrville, Texas 78028
Sheriff
(!'itle)
830-896-1216
(Phone)
(City, Stale, Zip Cade)
9. Describe this person's experience and qualifications to administer the proposed program:
W.R. Hierholzer is the elected Sheriff of Kerr County and as
such employs approximately 80 people. In his capacity as Sheriff,
he is responsible for a yearly budget of approximately 3.5 million
dollars. Sheriff Hierholzer has over 20 years experience in `
law enforcement, with approximately 12 years in administration.
IlVIPORTANT
(Please complete this seMinn)
This epplintiou is to be signed by the Presiding Officer (Presideet, Chairman) of the governing board of the
Applicant Otganizstioa If signed by another person, a certified copy of a resolution adopted by the governing board
appointing such persoe to sign this application must be attached.
From my own Imowledge, I state the iaformation given in Parts I and II is correct. The Applitsnt Organization has
autho ' ed me to make this pplication.
Fred Henneke
(Signature) (Print Name)
County Judge
(fif(e)
°f ~a 2 /c~
(Date)
The information provided in Pans I and II is to help the Hal and Charlie Peterson Foundation meet various
sections of the Internal Revenue Code and Internal Revenue Service RWes and Regulations pertaining thereto.
z000 Govemmaa ApplicNion: April Page 3

HAL AND CHARLIE PETERSON FOUNDATION
Organization's Application for Grant
Part I. 3(c) Describe the Applicant Organization's purposes and activities in general.
See attachment C
Part II. 7. Show the amount requested and explain in detail how it will be used. State whether the grant is
to be earmarked or used for the benefit of any one person, group, or class of people. If so, for
whom?
See attachment C
.. --
zooo covanman aWit~m: nR;i Page 4
HAI, AND CHARLIE PETERSON FOUNDATION
Organization's Application for Grant
4. List the name, address, and title of each member of the Applicant's governing board, each officer if not a
member of the governing board, and principal staff members.
Fred Henneke
Buster Baldwin
Bill Williams
Jonathan Letz
Larry Griffin
700 Main Street, Kerrville, TX
700 Main Street, Kerrville, TX
700 Main Street, Kerrville, TX
700 Main Street, Kerrville, TX
700 Main Street, Kerrville, TX
County Judge
Co. Commissioner
Co. Commissioner
Co. Commissioner
Co. Commissioner
moo covanmrm App~iatim: ap;i
Page 5
This form is to 6e filled in and certified by the Secretary of the App/icant Organization if anyone
other than the President or Chairman (CEO) oithe organization signs the application corm.
I,
of
hereby certify that I am the Secretary
and that set forth below is a true and correct copy of a resolution duly adopted by the Governing
Boazd of
at a meeting held on the Day of , 2000, at which time a
quorum of the Governing Board was present and acting throughout and that such resolution has
not been rescinded or amended and is full force and effect.
RESOLUTION
RESOLVED, that
is empowered to execute in the name of and on behalf of
(The Organization), a
grant application submitted to the Hal and Chazlie Peterson Foundation in the amount of
$ --' the stated purpose for which is
Witness my hand this Day of , 2000.
Signature
Print Name
Title
moocw~~ ~~ ae.ulatia. apa
Attachment A ~J ~~
---------------------------------------------------------------------------------------------
HERR000NTYTIffA5URER BUDGETRRY ACCOUNTING SYSTEM 16:37:2402 JAN 2001
State~ent of Expenditures - Budget vs Actual cs Last Year
GENERAL
The Software Group, Inc. For the Month at Dece~her and the 3 Months Ending Dece~ber 31, 2000 F'age 32
10 - GENERRL -SHERIFF'S DEPARTMENT
Account ...................... Orig Budget Curr Budget ...Monthly Exp ..YTD Expenses .Last Year YTD . r^u Exp + Enc .UnErc Balance %Re
560-101 ELECTED OFFICIAL SALA	41,020	41,020	3,415.32	10,254.96	5,So3.76	10,254.96	30,765.04	?5
560-104 DEPUTIES SRLRRV	B44,045	844,045	72,4Es"".56	215,630.54	166,752.94	215,630.54	620,414,40	-r4
560-105 SECRETAR'i SALARY	98,072	'i8, 072	8, 17c. ev	22,782.78	i6, 144.24	22,782.78	?5,269.22	77
560-106 SYSTEM ADMINI5TRATGR	0	0	0.00	0.00	318,24	0.00	0.00 ~!	+;
560-107 DISPATCHERS	138,317	138,'x17	11,205.31	27,75..5	0.00	27,751.59	li0,565.4:	80
560-108 PART-TI~`iE SALARY	c5, 720	25,720	854.80	2, 626. `id	2,244.50	2,620.90	23,093.:0	50
560-112 OVERTIME	30, 000	se, 000	0.00	516.15	9,857.07	Swi6.15	29,48c,85	98
560-201 FICA EXPENSE	90,054	:0,x54	,310.5+	2'.,247.:2	20,749.57	c1,:47.1z	58,806.84	i5
560-202 GROUP INSURANCE	150,07e	150,070	10,413.52	30,20'=.00	31,255.82	3,209.00	ii'3,8E1.00	&0
560-203 RETIREMENT	87,972	87,972	6,893.56	19,554.14	20,455.45	15,964.14	67,587.00	'7
560-206 BONUS 3 INSURANCE	900	50'0	0.!U	0.00	50.00	0.00	500.. 0e 1	00
560-207 INSYIPANCE - LIABILITY	44,340	44,340	0.00	1,10:.00	44,340,00	1,101.'00	43,239.00	98
SE0-208 INVESTIGATION EX^rENSE	5,000	5,001	200.75	315.33	12?.81	315.33	4,E54.07	9s
560-209 ESTRRY	500	500	0.0C	0.00	0.00	0.00	50e.00	100
560-211 SPECIAL iNUESTiSATIO1i	0	D	0.00	0.00	0.00	:x.00	0.00	*~+
560-217 TECLOSE TRAINING	0	0	0.00	u. 00	0.00	0.00	0.00	*~*
560-220 EMGLOY'EE MEDICAL EXRM	2,000	2,002	0.00	325.0%	290.00	305.00	:,ci1.0:'_	H`
560-309 POSTAGE	2,000	2,02.	161.90	325.64	417.32	325.64	1,674.3E	84
560-310 OFFICE SUPPLIES	4,200	4,200	713.15	870.13	?E4.95	470.13	3,329.8?	79
560-311 PHGTUCOPY EXPENSE	1,300	1,300	-29.73	446.2E	0.00	446. c8	353.'2	00
560-316 UNIFORMS	E, 500	6,500	279.50	194.55	1,622.9'	194.55	6,305.45	97
560-330 OGERATING EXPENSE	15,000	14,485	1,1T2.56	1,583.05	2,4x8.51	T, 583.05	1,921.95	59
560-331 VEHICLE GAS & 0I'L	65,00@	65,000	4,831.76	10,157.14	8,889.82	10,157.14	54,84.86	B4
560-410 RADIO EQUIPMENT	150,000	150,000	8, 523. B4	8,523.84	0.00	8,523.84	141,476.16	94
560-420 TELEPH~JE	6,388	3"c,388	2,747.48	7,271.3`	5,942.80	7,271.95	25,116.05	75
560-427 DRUG OOG	1,ea@	1,000	14.23	14.23	66.52	14.23	985.77	99
560-453 RADIO REPAIRS	3,000	3,000	844.80	844.80	527.65	84+.80	2,155.20	72
560-454 VEHICLE REF'RIR S MAIN	23,000	23,000	1,661.5?	4,641. Ss'	0,981.69	4, 641. Ss'	18,358.47	80
560-455 VEHICLE EQUIPMENT	1,548	1,548	0.00	0.00	0.00	0.00	1,548.00	100
560-4`.~i Mp(}i1PlE REPAIR	300	565	265.00	340.00	223.00	340.00	225.00	40
560-457 I~IINTENANCE CONTRACTS	0	0	0.00	0.20	0.00	0.00	0.00	+*x
560-461 LEASE COPIEk	5,352	5,352	3%.24	1,372,24	646.44	1,37^c.24	"s, 979.76	74
560-464 CRIME PREVENTION	1,000	1,000	0.00	0.00	500.00	0.00	1,000.00	100
560-480 VEHICLE IN5URRNCE	13,000	1x',000	72.00	72.00	0.00	72.00	12,928.00	99
560-485 CONFERENCES	0	0	0.00	0.00	118.57	0.00	e.eD	**~
560-487 TRAINING SCHOOL	19,000	19,000	B6s'.34	t, 065.09	1,768.09	1,065.09	17,9"x4.91	94
560-480 BUY OPERATIONS	1,000	1,000	0.00	0.0A	1,000.00	0.00	1,000.00	100
X0-489 TOBRCCO GRANT	0	0	0.00	a. e0	0.00	0.00	0.00	~4*
560-490 DONATION EXPENDITURES	0	4	1,227.60	1,388.60	4,009.94	1,388.60	-1,385.60	*+;
568-455 MISCELLANEOUS	0	0	0.00	0.00	0.00	0.00	0.00	+~++
560-553 CONTRACTS FEES	106	106	0.00	0.00	0.00	0.ae	1@6.00	10E
560-561 COMPUTER HRRDWARE	0	250	250.00	250.00	a. e@	25a.@@	0.00	c
~i0-562 COMF'UTEP. SOFTWRPE	0	0	0.00	0.00	0.00	0.00	0.0~	**+'
560-56's SOFTWARE MAINTENf~NCE	0	0	0.00	0.00	0.00	0.00	9.00	*;+
560-565 COt~'UTER SUPPLIESS	1,000	1,00@	31.20	222.4'u	0.00	222.40	777.60	70
560-570 CAPITAL OUTLAY	101,"c12	101,212	58,423.96
-	58,423.96
------------ -	4,97:.73
------------	58,423.96
-	42,-188.04	42
iOTAL SHERIFF'S DEPARTMENT	----------- -
2,004,916	------ -
2,004,916	-----------
203,389.52	450,'35.94	365,099.43	450,735.94	1,654,180.06	18
Attachment B ~/~
^'~~=-------------------------------------------------------1-------------------------------------------------
RERRCt~1TYTREA511RER BUDGETRRY RCCOUNTING SYSTEM 16:37:24027AN2001
Stateoent of Expenditures -Budget vs Rctual vs Last Year
GENERAL
The Software Group, Inc. For the Month of Oece*6er and the 3 Months Ending Decether 31, 2000 Gage 2E
10 -GENERAL - CIXiNTY dA1l
Account ...................... Drig Budget G;rr Budget ...Monthly Exp ..YTD Expenses .Last Year tiiD .YTD Exp + Enc .UnEnc balance %Rz
512-102 CHIEF 1RILER SALARY	30,916	30,91@	2,5?5.64	7,72?. 52	',034.86	7,72?. 52	23,162.48	'~
512-103 COORS	40,646	40,E46	3,266.14	0,736.42	4,978.92	6,736.42	33,903.53	Bi
51~ 104 7RILER 5RLARIES	546,241	548,241	40,05& B3	123, 564. c6	126,54a.18	123,564,26	424,E?t.?4	T
512-105 SECRETRRY	0	0	0.20	0.00	3,963.58	0.00	0.00 +	*+
512-106 NUR5E5	63,646	63, E48	4,80?. 16	13,945.34	15, ic3. 33	13,945. '34	49,702.66	72
51; 107 CLERK,	17,519	1',519	1,459.94	4,379.62	4,iB9.CE	4, 379. d2	13, 139. id	'-
512-108 PRRT-IiME SALRR'i	46,06Q~	40,0.'0	:,765.60	5,863.26	24,9@a 61	5, 863. t6'	34;19c.b	E`
512-109 MAINTEhrROMCE SALARY	0	0	0.00	0.00	0.00	:. a6	0.00	~+_
512-112 OVERTIME	35,000	35,000	677.88	896.43	25,E22.62	896.~+T	34,12is.S	
512-201 FICA EXPENSE	59,361	::,361	4,1?8.84	1~,9?3.55	16,.591.?~	12,4?0. J	46,86?.45	":
512-202 6ROl1P INSURANCE	115,170	li5,1i0	?,711,20	22,619.52	23,786.40	22,619.52	92,550.42	6f
512-263 RETIREMEiiT	56,228	56,228	4,567.48	13,447.49	15,486.58	13, 44 i. 49	42,780.51	?:
512-206 INSURANCE-BLDE ~ 7ATL	5,066	9,00c	6.00	0.00	6.00	0,00	9,060.6G	10E
512-220 EMPLOYEE MEDICAL EXRM	4,000	4,6a0	500.00	1,655.00	747.06	1,055.60	2.945.00	':
.`1--310 OFFICE SUPTr^LIES	5,000	5,000	?91.64	191.04	655.23	191.'04	9,608.96	.~
512-311 PI'ATOCOPY EXPENSE	1,x60	1,000	0.06	463. t8	0.06	403.18	536.82	5~
512-315 1A1L UNIFORMS	7,000	7,000	356.24	2,015.4E	49?.22	2,615.48	4,984.52	~.
512-331 DPERATING SUPPLIES	37,060	37,000	2,:5::6.28	6,161.66	7,951.52	6,161.68	30,538.32	8:
512-332 PRISONER MEALS	200,000	206,000	18,861.55	3, 598.81	s6, 161.51	39,596.81	16a,4a1.19	8r
512-333 PRISONER MEDICAL	s2,a06	32,060	3,487.56	5,231.86	4,539.05	5,231.86	26,768.14	6~.
S1L-339 PRISONER SUPPLIES	1,060	1,006	448.38	101.86	5.95	7@1.86	298.14	3c
512-335 PP.I5DNER TRANSFER	20,006	20,000	2,957.'37	5,198.10	2, 100. s3	5,198.10	14,801,90	?~
512-336 INDIGENT CARE	3,500	3,50a	0.0a	0.00	325.33	0.0a	3,500.00	10~
512-'s39 F'k1SONER, OUT OF COON	0	0	0.00	0.00	a.aa	0.00	0.00	*++
512-400 TRRSH SERVICE	5,560	5,500	459.5:	1,340.04	1,190.22	1,340.04	4,159.91	Y
512-420 TELEX	0	0	0.06	0.00	0.00	0.00	0.00	*++
512-440 UTILITIES	110,000	110,600	70,982.54	17,116.?0	13,606.98	17,116.70	92,88's.30	8~
512-450 ELEVATOP. MRINTENRNCE	0	0	0.06	0.00	0.00	0.00	0.00	**+
512-451 JAIL REPAIR 6 MAINTEN	a	0	0.00	0.00	0.00	0.00	0.08	**+
512-456 M4~HINE REPAIR	500	500	6.60	75.00	a.00	75.00	4 x.00	8`.
512-457 MAINTEN~E CONTRRCTS	0	0	0.00	0.00	0.00	6.00	0.00	**?
512-461 LER5E CRIER	4,000	4,000	858.00	985.90	464.53	985.90	3,014.10	7:
512-485 CONFERENCES	0	0	0.00	e.aa	0.00	0.00	0.00	**~
512-487 TRRINING	7,a00	?,000	0.06	0.00	492.56	0.00	7,600.00	10:
512-499 MISCELLRNEWS	0	0	0.00	0.00	0.00	0.00	0.00	**-
512-561 COMPUTER FWRDWRRE	0	0	0.00	0.00	0.0a	0.00	0.00	**+
512-56s SOr'TNARE MRINTENANCE	0	0	0.60	0.00	6.00	0.00	0.00	**~
512-565 COMPUTER SUPPLIES	4,006	4,000	119.99	215.59	230.99	215.59	3,784.41	9:
512-570 CAPITAL ~lTLRY	5,760
-- -	5,760
-------- -	93. B0
---------	',318.59	2,647.23	1,318.59	4,381.41	7"
TOTAL COUNTY' 7RIL	-------
1,462,917	1,462,917	112,666.09	293,262.38	341,639. B6	293,262.38	1,169,654.62	8~
Attachment C
Pazt I. 3 (c)
Each Sheriff shall be a conservator of the peace in his county, and shall azrest all
offenders against the laws of the State, in his view or heazing, and take them before the
proper court for examination or trial. He shall quell and suppress all assaults and
batteries, affrays, insurrections and unlawful assemblies. He shall apprehend and commit
to jail all offenders, until an examination or trial can be had. The Sheriff's Department
has the responsibility to protect, keep the peace and serve the citizens of Kerr County and
the State of Texas.
Part II. 7
The amount requested is $ 92,925.00. This will allow one video unit to be purchased for
each patrol vehicle in the Sheriff s Depaztment fleet. The individual cost of each unit
installed is $ 3617.00. The advantages of video on patrol can greatly reduce false claims
of abuse or brutality made against the sheriff s department that aze usually settled at a
cost to the county. The offense of driving under the influence tends to be fought in court,
often successfully placing drunk or impaired drivers back on the road. With the
introduction of video, drunk drivers usually don't contest the video in court, which results
in more convictions; fewer man-hours devoted to testimony and generate more revenue
for the county.
Good officers' reputations can be ruined by false claims against them but again with the
video, the entire encounter with the public is caught on film. This can be productive for
both the officer and the citizen. It will reduce allegations of wrong doing by the police
and will reinforce any violation of the law by the citizens.
With the use of video in patrol cazs, the officers may review all his actions during every
stop and will be able to leazn which things place him at risk. Officers on video also tend
to be more professional, which reduces complaints.
The specific video the sheriff s department is looking to purchase comes with a wireless
microphone with a transmission range of up to 1500 feet. This will be a vital piece of
evidence when the officer answers a domestic violence call. The conversations can be
recorded on the vehicle video unit, which again strengthens evidence and also provides
testimony for any assault, which may occur against the deputy or other person while out
on a call. Conversations while on a traffic stop aze also recorded giving the officer
indisputable evidence that he did get verbal consent, he did act professionally, he did
advise the suspect of their rights, or he did have probable cause for stopping the vehicle.
As we have all seen on television, pursuits can result in severe consequences. The
introduction of video cameras in the patrol car can be a very useful piece of evidence.
The video captures any driving habits of the suspect and can also be used to critique the
deputy's reaction both positive and negative during the pursuit. The video can see things
in a pursuit the officer might miss. The video will record any contraband that is tossed
out the window when the officer is momentarily occupied with the radio or concentrating
on his driving.
The particulaz video equipment sought by this department also has the option of a
microphone that is located in the patrol vehicle. This option is extremely useful when
suspects are placed in the vehicle. Suspects will usually talk about what they have been
doing. These conversations will be caught on tape and can be introduced in any criminal
proceedings.
With the exception of the camera, all the video equipment will be located in the patrol
unit's trunk and is housed in a steel case. This will prevent anyone from tampering with
the equipment and will keep the tape from being removed or destroyed by any
unauthorized persons. This will be useful in the event of an officer being assaulted or
killed while on a traffic stop. The tape will provide indisputable evidence of the event
and a successful prosecution of the actor will be the result.
The video cameras aze equipped with time and date programs. The camera has the option
of stazting with the activation of the emergency lights. This means the entire encounter,
from the moment the officer activates the lightbaz until the stop is terminated, and is
captured on tape. The officer can also start recording with a manual switch.
With the vastness of Kerr County and the limited manpower of the Kerr County Sheriff's
Department officers aze frequently without backup for up to 30 minutes. The advent of
video cameras in the patrol unit gives the officers the feeling that although they aze alone,
at least the camera will record the events of the stop if things go wrong.
Video cameras have proven effective in quelling confrontations, when a suspected person
knows they aze being video taped, the person is more apt to maintain a more reasonable
disposition. Video cameras have been effective within our own jail environment used in
this capacity.
The operating expense of this equipment is approximately $.35 per hour as opposed to
thousands of dollazs spent in court time and juries. The explanation for this is the
videotape is allowed as evidence that is not subject to human interpretation i.e.: a picture
is worth a thousand words.
Atta ment D FORD MOTOR CREDIT COMPANY
c ~ TEXAS EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No. 64505
Lessee: Kerr County -7 ~1,, ~, Lessor. Ford Motor Credit Company
~VfNa~{CEM~Bt9FP26e0 ~J c~ / "˘:Y. .
P. O. Box 1739
Kertviile, TX 78028 Dearborn, MI 48121.1739
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Equipment described in any Schedule A now or hereafter
attached hereto ("EquipmenPj in accordance with the following terms and conditions of this Lease-Purchase Agreement ("Lease").
1. TERM. This Lease will become eRective upon the execution hereof by Lessor. The term of this Lease will commence on the date the
Equipment is accepted pursuant to Section 3 hereunder and, unless earlier terminated as expressly providetl for in this Lease, will continue
until the expiration date (the "Expiration Date")set forth in Schedule A attached hereto (the "Lease Term").
2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, equal to the amounts
specified in Schedule A. The Lease Payments will be payable without notice or demand at the office of Lessor (or such other place as Lessor
or Ifs assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule A and
thereafter on the subsequent dates set forth in Schedule A. Any payments received later than ten (10) days from the due date will bear
interest at the highest lawful rate from the due date. Except as specifically provided in Section 6 hereof, the obligation of Lessee to make the
Lease Payments hereunder and perform all of its other obligations hereunder will be absolute and unconditional in all events and will not be
subject to any setoff, defense, counterclaim, or recoupment for any reason whatsoever including, without limitation, any failure of the
Equipment to be delivered or installed, any defects, malfunctions, breakdowns or infirmities in the Equipment or any accident, condemnation
or unforeseen circumstances. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease
Tenn. it is Lessee's intent to make Leaso Payments for the full Lease Tertn if funds are legally available therefor and in that regard Lessee
represents that the use of the Equipment is essential to its proper, efficient and economic operation. Lessor and Lessee understand and
intend that the obligation of Lessee to pay Lease Payments hereunder shall constitute a current expense of Lessee and shall not in any way
be corutrued to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the
creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of
Lessee.
3. DELIVERY AND ACCEPTANCE. Lessee, or'rf lessee so requests, Lessor, will cause the Equipment to be delivered to Lessee at
the location spedfied in Schedule A ('Equipment Location"). Lessee will pay all transportation and other costs, 'rf any, incurred in connection
with the defwery and installation of the Equipment. Lessee will accept the Equipment as soon as it has been delivered and a operational.
Lessee will evidence its acceptance of the Equipment by executing and delivedng to Lessor a Delivery and Acceptance Certficate (in the form
provided by Lessor) within three days of delivery of the Equipment.
4. DISCLAIMER OF WARRANTIES. Lessee acknowledges and agrees that the Equipment is of a slze, desgn and capacity selected
by Lessee, tltat Lessor is neither a manufacturer nor a vendor of such equipment, that LESSOR LEASES AND LESSEE TAKES THE EQUIP-
MENT AND EACH PART THEREOF "AS-IS" AND THAT LESSOR HAS NOT MADE, AND DOES NOT HEREBY MAKE, ANY
REPRESENTATION, WARRANTY, OR COVENANT, F~fPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION,
QUALITY, DURABILITY, DESIGN, OPERATION, FITNESS FOR USE, OR SUITABILITY OF THE EQUIPMENT IN ANY RESPECT
WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE, OR AS TO THE ABSENCE OF IATENT
OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT,
TRADEMARK OR COPYRIGHT, OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT OR ANY OTHER
REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER, F~CPRESS OR IMPLIED, WITH RESPECT
THERETO, R BEING AGREED THAT ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY LESSEE AND LESSOR SHALL NOT BE
OBLIGATED OR LIABLE FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHER
PERSON OR ENTfTY ARISING OtJT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT AND THE
MAINTENANCE THEREOF. Lessor hereby assigns to Lessee during the Lease Tenn, so bng as no Event of Default has ocatrred
hereunder and is continuing, all manufacturers warranties,d any, expressed w implied with respect to the Equipment, and Lessor authorizes
Lessee to obtain the customary services furnished in connection with such warranties at Lessee's expense. Lessee's sole remedy for the
breach of any such manufacturers Waranty shall be against the manufacturer of the Equipment, and not against Lessor. Lessee expressly
acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such
warranties of the manufacturer of the Equipment.
5. RETURN OF EQUIPMENT. Unless Lessee shalt have exercised its purchase option as provided to Section 20 hereof, upon the
expi2tion or earlier termination of this Lease pursuant to the terms hereof, Lessee shall, at its sole expense but at Lessors option, return the
Equipment to Lessor packed for shipment in accordance with manufacturers specifications and freight prepaid and Insured to any location in
the conOnental Unked States designated by Lessor.
6. NON,APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, in the event no funds of
insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for Lease Payments due under this Lease
Lessee will immediately notify Lessor or its assignee in writing of such occurrence and this Lease shall terminate on the last day of the fisce
period for which appropriations have been received or made witltout penalty or expense to Lessee, except as to (i) the portions of Lease
Payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwlse available and (ii) Lessee's othe
December l9Bi -ie"e4 Prewue eeladu nNY MOT be u58G
obligations and liabilifies under this Lease relating to, or accruing or arising prior to, such termination. In the event of such termination, Lessee
agrees to peaceably sunender possession of the Equipment to Lessor or its assignee on the date of such termination in the manner set forth
in Section 5 hereof and Lessor wit! have all legal and equitable rights and remedies fo take possession of the Equipment. Notwithstanding the
foregoing, Lessee agrees (i) that it will not cancel this Lease and this Lease shall not terminate under the provisions of this Section if any funds
are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment or services performing functions
similar to the functions of the Equipment for the fiscal period in which such termination would have otherwise occurted or for the next
succeeding fiscal period, and (ii) that it will not dudrtg the Lease Term give priority in the applicafion of funds to any other functionally similar
equipment or to services performing functions similar to the functions of the Equipment. This section will not be construetl so as to permit
Lessee to terminate this lease in order to purchase, lease, rent or otherwise acquire the use of any other equipment or services performing
functions similar to the functions of the Equipment.
7. REPRESENTATIONS, COVENANTS AND WARRANTIES. Lessee represents, covenants and warants as of the date hereof and at
all times during the Lease Term that: (i) Lessee is a state or a fully constituted political subdivision thereof, or its obligations hereunder
constitute obligations issued on behalf of a state or a political subdivision thereof, such that any interest derived under this Lease will qualify
for exemption from Federal income saxes under section 103 of the Intemal Revenue Code of 1986, as amended (the "Code"), and fhat ii will
do or cause to be done all things necessary to preserve and keep in full force and effect (a) its existence and (b) this Lease; (ii) the execution,
delivery and performance by the Lessee of this Lease and all documents executed in connection herewith, including, without limitation,
Schedule A hereto and the Delivery and Acceptance Certificate referred to in Section 3 hereof (the Lease together with all such documents
shall be collectively referred to herein as the "Lease Documents"j have been duly authorized by all necessary action on the part of the Lessee;
(iii) the Lease Documents each constitute a legal, valid and binding obligation of the Lessee enforceable in accordance with their respective
temps; (iv) no governmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or
declarations are required to be filed in connection with the execution and delivery of the Lease Documents; (v) Lessee has sufficient
appropriations or other funds available to pay all Lease Payments and other amounts due hereunder for the current fiscal period; (vi) the use
of the Equipment by Lessee is essential to and will be limted to the performance by Lessee of one or more governmental functions of Lessee
consistent with the permissible scope of Lessee's authority; (vii) no portion of the Equipment will be used directly or indirectly in any trade or
business carried on by any person other than Lessee; and (viii) no portion of the Equipment will be used by an organization described in
section 501 (c) (3) of the Code and (ix) this Lease does not constitute an arbitrage obligation within the meaning of section 148 of fhe Code
and is not federally guaranteed within the meaning of section 149(b) of the Code. Lessee shall deliver to Lessor an opinion of Lessee's
counsel in forth and substance as set forth in the forth of opinion of counsel attached hereto or otherwise acceptable to Lessor, dated the date
of acceptance of the Equipment pursuant to Section 3 hereof. In the event that a question arises as to Lessee's qualification as a political
subdivision, Lessee agrees to execute a power of attorney authorizing Lessor to make application to the Intemal Revenue Service for a letter
ruling with respect to the issue.
8. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment
will vest in Lessee subject to Lessors rights under this Lease; provided, however, that (i) in the event of termination of this Lease pursuant to
Section 6 hereof, (ii) upon the occurrence of an Event of Default hereunder, and as Tong as such Event of Default is confinuing, or (iii) in the
event that the purchase option has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or its assignee without
any action by Lessee and Lessee shall immediately sunender possession of the Equipment to Lessor or its assignee in the manner set forth
in Section 5 hereof. In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in
any and all right, tibe and interest of Lessee in the Equipment inducting but not limited to computer programs and computer documentation, if
any, relating to the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom, (ii)
agrees that this Lease may be filed as a financing statement evidenGng such security interest, and (iii) agrees to execute and deliver all
financing statements, certificates of title and other instruments in form sa0sfadory to Lessor necessary or appropriate to evidence such
severity interest
9. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment.
Lessee shall comply with all laws, ordinances, insurance policies and regulations relating to the possession, use, operation or maintenance of
the Equipment. Lessee, a[ its expense, will keep the Equipment in good working order and repair and furnish all parts, mechanisms and
devices required therefor.
10. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessors prior written
consent unless such alterations, additions or improvements maybe readily removed without damage !o the Equipment.
11. LOCATION; INSPECTION. The Equipment will not be removed from or, if the Equipment consists of rolling stock, its permanent base
will not be changed from the Equipment Location without Lessors prior written consent which will not be unreasonably withheld. Lessor will
be entitted to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use
and operation.
12. LIENS AND TAXES. Lessee shall keep the Equipment free antl Gear of all levies, liens and encumbrances except those created
under this Lease. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon
the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessors
income. If Lessee fails to pay said charges, or faxes when due, Lessor may, but need not, pay said charges or taxes and, in such event,
Lessee shall reimburse Lessor therefor on demand, with interest at the maximum rate permitted by law from the date of such payment by
Lessor to the date of reimbursement by Lessee.
13. RISK OF LOSS; DAMAGE; DESTRUCTION. Lessee assumes all risk of lass of or damage to the Equipment from any cause
wtratscever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of
the obligation to make Lease Payments or to perform any other obligafion under this Lease. In the event of damage to any item of Equipment,
..___~..,..~m +e~.. o.".n.~e .nblm<mgv NOT ^r used
Lessee'viitl immediately place the same in good repair with the proceeds of any insurance recovery applied fo the cost of such repair. If
Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee, at the option of Lessor, will e'dher
(a) replace the same with flke equipment in good repair, or (b) on the next Lease Payment Date, pay Lessor. (i) all amounts then owed by
Lessee to Lessor under this Lease, incuding the Lease Payment due on such date, and (ii) an amount equal to the applicable Concuding
Payment set forth in Schedule A opposite such Lease Payment Date. In the event that Lessee is obligated to make such payment pursuant to
subparagraph (b) above with respeG to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease
Payment and the Concluding Payment to be made by Lessee with respect to the Equipment which has suffered the event of loss.
14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed or attached to
real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Equipment
from any party having an interest in any such real estate or building.
15. INSURANCE. Lessee, will, at its expense, maintain at all times during [he Lease Tenn, fire and extended coverage, public liability
and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as shall be
satisfactory to Lessor, or, with Lessors prior written consent, may self-insure against any or all such risks. In no event will the insurance limits
be less than the amount of the then applicable Concluding Payment with respect to such Equipment. Each insurance policy will name Lessee
as an insured and Lessor or its assigns as an additional insured, and will contain a clause requiring the insurer to give Lessor or its assigns at
least thirty (30) days prior written notice of any alteration in [he terms of such policy or the cancellation thereof. The proceeds of any such
polices will be payable to Lessee and Lessor or its assigns as their interests may appear. Upon acceptance of the Equipment and upon each
insurance renewal date, Lessee will deliver to lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to
self-insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any Toss, damage, injury or accident involving
the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and
documentation relating thereto and shall permit Lessor to participate and cooperate with Lessee in making any claim for insurance in respeG
thereof.
16. INDEMNIFICATION. To the extent permitted by law, Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and
all Gaims, actions, proceedings, expenses, damages or liabilities, including attorney's fees and court costs, arising in connection with the
Equipment, including, but not limited to, its selection, purchase, delivery, installation, possession, use, operation, rejection, or return and the
recovery of claims under insurance policies thereon. The indemnification provided under this Section shall continue in full force and effeG
nohvithstanding the full payment of all obligations under this Lease or the termination of the Lease Tenn for any reason.
17. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any
security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or (ii) sublet or lend the
Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and
to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this Lease
and the Equipment, in whole or in part, and Lessee's rights will be subordinated thereto. Any such assignees shall have all of the rights of
Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the successors and assigns of the
parties hereto. Lessee covenants and agrees not to assert against the assignee any Gaims or defenses by way of abatement, setoff,
counterdaim, recoupment or the like which Lessee may have against Lessor. Upon assignment of Lessors interests herein, Lessor will cause
written notice of such assignment to be sent to Lessee which will be sufficientrf it discloses the name of the assignee and address to which
further payments hereunder should be made. No further action will be required by Lessor or by Lessae to evidence the assignment, but
Lessee will acknowledge such assignments in writing if so requested. Lessee shall retain all nofices of assignment and maintain abook-entry
record (es referred to in Section 21) which identfies each owner of Lessors interest in the Lease. Upon Lessee's receipt of written notice of
Lessor's assgnment of all or any part of its interest in the Lease, Lessee agrees to attom to and recognize any such assignee as the owner of
Lessors interest in this Lease, and Lessee shall thereafter make such payments, including without limitation such Lease Payments, as are
indicated in the notice of assignment, to such assignee.
19. EVENT OF DEFAULT. The term "Event of Default," as used herein, means the orxurrence of any one or more of the following
events: (i) Lessee fails to make any Lease Payment (or any other payment) as It becomes due in accordance with the temu of this Lease, and
any such failure continues for ten (10) days after the due date thereof• (ii) Lessee fails to perfomr or observe any other covenant, condition, or
agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by
Lessor, (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in any writing ever
delivered by Lessee pursuant hereto or in connection herewith was false, misleading, or erroneous in any material respeG; (iv) Lessee
becomes insolvent, or is unable to pay its debts as they become due, or makes an assignment for the benefit of creditors, applies or consents
to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of any of its assets, or a petition for relief is filed by Lessee
under any bankruptcy, insolvency, reorganization or similar laws, or a petition in, or a proceeding under, any bankruptcy, insolvency,
reorganization or similar laws is filed or instituted against Lessee and is not dismissed or fully stayed within twenty (20) days after the filing or
institution thereof; (v) Lessee fails to make any payment when due or fails to perform or observe any covenant, condition, or agreement to be
performed by it under any other agreement or obligation with Lessor or an affiliate of Lessor and any applicable grace period or notice with
respect thereto shall have elapsed or been given; or (vi) an attachment, levy or execution is threatened or levied upon or against the
Equipment.
19. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its
option, exercise any one or more of the following remedies: (i) by written notice to Lessee, deGare an amount equal to all amounts then due
under the Lease, and all remaining Lease Payments due during the fiscal year of Lessee in which the default occurs to be immediately due
and payable, whereupon the same shall become immediately due and payable; (ii) by written notice to Lessee, request Lessee to (and Lessee
agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor in the manner set forth in Section 5 hereof, or Lessor, at its
option, may enter upon the premises where the Equipment is located and take immediate possession of and remove the same; (iii) sell or
tease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and other payments due to the
effective date of such selling, leasing or subleasing and for the difference between the purchase price, rental and other amounts paid by the
purchaser, lessee or sublessee pursuant to such sale, lease or sublease and the amounts otherwise payable by Lessee hereunder, and (iv)
exercise any other right, remedy or privilege which may be available to it under applicable laws of the state where the Equipment is then
located or any other applicable law or proceed by appropriate court action to enforce the terms of this Lease or to recover damages for the
breach of this Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain liable for all covenants and
indemnities under this Lease and for all legal fees and other costs and expenses, inGuding court costs, incurred by Lessor with respect to the
enforcement of any of the remedies listed above or any other remedy available to Lessor.
20. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that there is no Event of
Default, or an event which with notice or lapse of time, or both, could become an Even! of Default, then existing, Lessee will have the right to
purchase the Equipment on any Lease Payment date set forth in Schedule A hereto by paying to Lessor, on such date, the Lease Payment
then due fogether with the Concluding Payment amount set forth in Schedule A opposite such date. Upon satisfaction by Lessee of such
purchase conditions, Lessor will trensfer any and all of its right, title and interest in the Equipment to Lessee as is, without warranty, express or
implied, except Lessor witl warrant that the Equipment is free and clear of any liens created by Lessor.
21. TAX ASSUMPTION; COVENANTS. The parties assume that Lessor can exclude from Federal gross income the interest portion of
each Lease Payment set forth in Schedule A under the column captioned "Interest Portion'
lessee covenants that it wilt (i) register this Lease and transfers thereof in accordance with section 149(a) of the Code and the
regulations thereunder, (ii) timely fife a statement with respect to this Lease in the required form in accordance with section 149(e) of the Code,
(iii) not permit the property financed by this Lease to be directly or indirectly used for a private business use within the meaning of section 14i
of the Code, (iv) not take any action which results, directly or indirectly, in the interest portion of any Lease Payment not being excludable from
Federal gross Income pursuant to section 103 of the Code and will take any reasonable action necessary to prevent such result, and (v) not
take any action which results in this Lease becoming, and will take any reasonable action to prevent this Lease from becoming (a) an
arbiVage obligation within the meaning of section 148 of the Code or (b}federally guaranteed within the meaning of section 149 of the Code.
Notwithstanding the eadier termination or expiration of this Lease, the obligations provided for in this Section 21 shall survive such earlier
termination or expiretion.
22. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to
the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be
deemed to have been received five days subsequent to mailing.
23. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to
define or limit the scope of any provision of this Lease.
24. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by, the laws of the state of the Equipment
Location.
25. DELNERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and
information as are reasonably necessary with respell to the transaction contemplated by this Lease.
26. ENTIRE AGREEMENT; WAIVER. The Lease Documents constitute the entire agreement between the parties with respect to the
lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and
Lessor. Any provision of this Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the
remainder of this Lease. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a
waiver of any subsequent breach thereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the 14th day of July, 2000.
Lessee: Kerr County Lessor: Ford Motor Credit Company
ey: _ ~ gy:
Fr d Henneke Frank Mastrella
Title: County Judge Title: Operations Manager, Municipal Finance
OPINION OF COUNSEL
With respect to that certain Equipment Lease-Purchase Agreement 64505 ("Lease") dated 7/14/00 by and between Ford Motor Credit
Company (Lessor) and Kerr County Lessee, I am of the opinion that: (i) interest paid by Lessee to Lessor pursuant to the Lease will be
exempt from tax under Section 103(a) of the Internal Revenue Code of 1986, as amended; (ii) the execution, delivery and performance by
Lessee of the Lease have been duly authorized by all necessary action on the part of Lessee; (iii) the Lease constitutes a legal, valid and
binding obligation of Lessee enforceable in accordance with its terms; (iv) the Uniform Commercial Code of the state where the Equipment is
k>cated and/or the certificate of title laws of such state will govern the method of perfecting Lessors security interest in the Equipment; (v)
there are no suits, proceedings or investigations pending or, to my knowledge, threatened against or affecting Lessee, at law or in equity, or
before or by any govemmental or administrative agency or instrumentality which, if adversely determined, would have a material adverse
effect on the transaction contemplated in the lease or the ability of Lessee to perform its obligations under the Lease and Lessee is not in
default under any material obligation for the payment of bortowed money, for the deferted purchase price of property or for the payment of any
rent under any lease agreement which either individually or in the aggregate would have the same such effect; and (vi) all required public
bidding procedures regarding the award of the Lease have been followed by Lessee and no govemmental orders, permissions, consents,
approvals or authorizations are required to be obtained and no registrations or declarations are required to be filed in connection with the
execution and delivery of the Lease.
r- -~ ~

>~~" Attorney foJ Lessee
David tley
APR: 6.60
Lease	Lease
Payment	Payment
Number	Date
1	7 / 19 / 2000
2	7 / 19 / 2001
3	7 / 19 / 2002
TOTALS	
Schedule	A-IZ		Page 2
Payment Sched	ule	Lease Number:	58755
Lease	Interest	Principal	Concluding
Payment	Portion	Portion	Payment
25,956.42	0.00	25,956.42	46,153.58
25,456.42	3,138.94	22,31"7.98	23,835.60
25,956.92	1,620.82	23,635.60	1.00
76,369.26	9,759,26	71,610.00	
		Schedule A-II		Page 2
		Payment Schedule		Lease Number:	58755
APR: 6.BOy.					
Lease	Lease				
Payment	Payment	Lease	Interest	Principal	Concluding
Number	Date	Payment	Portion	Portion	Payment
1	7 / 19 / 2000	25,456.42	0.00	25,456.42	46,153.58
2	7 / 19 / 2001	25,456.92	3,138.44	22,317.98	23,835.60
3	7 / 19 / 2002	25,956.42	1,620.82	23,835.60	1.00
TOTALS		76,369.26	4,759.26	71,610.00	
AMENDMENT
The certain Equipment Lease-Purchase Agreement by and between Ford Motor Credit
Company ("Lessor")and Kerr County ("Lessee"), dated as of July 14, 2000 (the "Lease") is
hereby amended as follows:
A. Lessee has not issued, and reasonably anticipates that it and its
subordinate entities will not issue, tax-exempt obligations (including this
Agreement) in the amount of more than $10,000,000 during the current
calendar year; hereby designates this Agreement as a "qualified tax-
exempt obligation" within the meaning of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended, ("Code"); and agrees that it and its
subordinate entities will not designate more than $10,000,000 of their
obligations as "qualified tax-exempt obligations" during the current calendar
year.
B. The parties assume and intend that this Agreement will qualify as a "qualified
tax-exempt obligation" within the meaning of Section 265(b)(3)(B) of the Code.
In the event that Lessor, its assignees or sub-assignees either (i) receive notice
from the Internal Revenue Service; or (ii) reasonably determines, based on an
opinion of independent tax counsel selected by Lessor and approved by
Lessee, which approval Lessee shall not unreasonably withhold; that the
otherwise applicable exception set forth in Section 265(b)(3) of the Code is not
available, then Lessee shall pay Lessor, its assignees orsub-assignees, as the
case may be, within thirty (30) days after receiving notice from Lessor of such
determination, the amount which, with respect to rental payments previously
paid, will restore the after-tax yield on the transaction evidenced by this
Agreement to that which would have been had such exception been available,
and pay as additional rent on succeeding rent payment due dates such amount
as will maintain such after-tax yield.
Except as amended hereby, the Lease shall othervise remain unchanged and in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the 14th day
of July, 2000.
LESSEE: Kerr County
By:
` Fred enneV e
Title: County Judge
LESSOR: Ford Motor Credit Company
By:
Title:
W. Paul Rau
Manager, Municipal Finance
rage l
SCHEDULE A - EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No. 64505
This Equipment Schedule dated as of 07/14/2000, is being executed by Ford Motor Credit Company ("Lessor"), and Kerr
County ("Lessee'), as a supplement to, and is hereby attached to and made a part of that certain Equipment Lease-
Purchase Agreement dated as of 7/14/00 ("Lease"), between Lessor and Lessee.
Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor
under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms
set forth below, and following items of Equipment:
QUANTITY	DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.)	SUPPLIER
6	2000 Ford Crown Victoria Police Sedans, 2FAFP71 W3YX209091,	Philpott Motors
	2FAFP7IWSYX209092, 2FAFP71W7YX209093, 2FAFP71W9YX209094,	
	2FAFP7IWOYX209095,2FAFP71W2YX209096	
EQUIPMENT LOCATION: Kerr County
Sheriffs Department
400 Clearvvater Paseo
Kerrville, TX 78028
Initial Term: 36 Months Commencement Date: 07/14/2000
Periodic Rent: 2 Consecutive Annual in Advance Payments of $44,281.71 each (including interest), followed by
one final payment of $44,281.78, due under this Lease-Purchase Agreement. The Periodic Rent
Payment also includes any applicable sales/use tax due and payable on the Lease Payment
Dates, set forth in Schedule A, Page 2.
EXECUTED as of the date first herein set forth.
LESSEE: Kerr County
By:
Fred Henne <e
Title: County Judge
LESSOR: Ford Motor Credit Company
By:
Frank Mastrella
Title: Operations Manager, Municipal Finance
Schedule A Page 2
Payment Schedule LeaseNumber: 64505
Rate: 6.25
Lease Lease
Payment Payment
Number Date
1 7 / 14 / 2000
2 7 / 14 / 2001
3 7 / 14 / 2002
TOTALS
Lease	interest	Principal	Concluding
Payment	POrtiOn	POrtiOn	Payment
44,281.71	0.00	44,281.71	80,902.29
44,281.71	5,056.39	39,225.32	41,676.97
44,281.78	2,604.81	41,676.97	1.00
132,845.20	7,661.20	125,184.00	
LESSUR: FORD MOTOR CREDIT COMPANY
P. O. Box 1739
Dearborn, MI 48121-1739
DELIVERY AND ACCEPTANCE CERTIFICATE
The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") as fully
installed and in good working condition; and Lessee hereby accepts the Equipment after full inspection thereof as
satisfactory for all purposes of the Equipment Lease-Purchase Agreement ("Lease") executed by Lessee and
Lessor.
LEASE DATE	LEASE NUMBER	SCHEDULE A	DELIVERY	PURCHASE	PURCHASE
		DATE	NUMBER	DATE	ORDER NO.
7/14/00	64505	07/14/2000	1		
EQUIPMENT INFORMATION
QUANTITY	DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.)	SUPPLIER
6	2000 Ford Crown Victoria Police Sedans, 2FAFP71W3YX209091,	Philpott Motors
	2FAFP71W5YX209092,2FAFP71W7YX209093,2FAFP71W9YX209094,	
	2FAFP7IWOYX209095,2FAFP71W2YX209096	
BY: ~.~~i iJ.~
LESSEE: Kerr County ~ ~~U ~ ~'~
// ~/
Kerrville, TX 78028 .LO ~/' ~-'~'---~'-~ `~f ~ -!
tle)
DATE ACCEPTED: \ `- o~~Oc~
Fonn 8038-GC Information Return for Small Tax-Exempt
Governmental Bond Issues, Leases, and Installment Sales
(Rey. May 1999) ~ Under Intemal Revenue Code section 149(e)
M ~ral"e^n I~~•a y Caution: Use Form 8038-G if the issue price of the issue is $100,000 or mare.
78028
fficer or legal representative whom the IRS may call for more
of
Sa Issue price of ob(igation(sj (see instructions) .
b Issue date (single issue) ar calendar year (consolidated) (see instructions) `__-^_
9 Amount of the reported obligation(s) on line Sa:
a Used to refund prior issue{s) .
b Representing a loan from the proceeds of another tax~xempt obligation (e.g., bond bank)
10 If the issuer has designated any issue under section 265(b)(3)(Bxlxlll)(small issuer exception),
11 If any obligation is in the form of a lease or installment sale, check this box .
12 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box .
OMB No. 7545-0720
Sa I $80,902.29
9a
9b
- ^
Under penalties of per)ury, l declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge
PLEASE and belief, they are iNe, coned and complete.
SIGN -
HERE /L ~ 'Fred Henneke, County Judge
~ ~~
Issuers authorized representative Date Type or pnnt name and title
General Instructions
Section inferences are to the Intemal
Revenue Code Unless otherwise noted.
Purpose of Form
Fonn 8038-GC is used by issuers of
tauexempt governmental obligations to
provide the IRS with the information required
by section 149(e) and to monitor the
requirements of sections 141 through 150.
Who Must Flle
Issuers of tax-exempt governmental
obligations with Issue pdces of less than
$100,000 must file Form 8038GC.
Issuers of atax-exempt governmental
obligation with an issue pdce of $100,000 or
more must file Form 8038-G. Intonnation
Return for Tax-Exempt Governmental
Obligations.
Filing a separate return. Issuers have the
option to file a separate Form 8035-GC for
any tax-exempt governmental obligation with
an issue price of less $100,000.
M Issuer of atax-exempt bond used to
finance construction expenditures must file a
separate Form 8038-GC for each issue to
give notice to the IRS that an election was
made to pay a penalty in Neu of arbitage
rebate (see lino 12 instructions).
Filing a consolidated return. For all taz-
exempt governmental obligations with issue
pdces of less than $100,000 Otat are not
reported on a separate Forth 8038-GC, an
Issuer must file a consolidated Information
return including all such Issues Issued within
the plendar year.
Thus, an issuer may file a separate Form
8038-GC for each of a rwmber of small issues
and report the remainder of small issues
issued during the calendar year on one
consolidated Fonn 8038-GC. However, a
separate Form 8038-GC must be filed to give
the IRS notice of the election to pay a penalty
in lieu of arbibage rebate.
When to File
7o file a separate return, file Form 8038-GC
on or before the 15th day of the second
calendar month after the dose of the calendar
quarter in which the issue Is Issued.
To file a consolidated return, file Fonn
8038-GC on or before February 15th of fhe
celentlar year following the year in which the
issue is Issued.
Late filing. An Issuer may be grented an
extension of Ume to file Fonn 6038-GC under
Section 3 of Rev. Proc. SB-10, 1988-1 C.B.
635, if it is determined that the failure to file on
time is not tlue to willful neglect. Type or
print at the top of the form, 'This Statement is
Submitted in Accordance with Rev, Proc, 88-
10.' Attach to the Form 8038-GC a letter
briefly stating why Fonn 8038-GC was not
submitted to the IRS on time. Also indicate
whether the obligation in question is under
examination by the IRS. Do not submit
copies of any bond documents, leases, or
installment sale documents.
Where to File
File Form 8038-GC with the Intemal Revenue
Service Center, Philadelphia, PA 19255.
Other Forms That May Be Required
For rebating arbitrage (or paying a penalty in
lieu of arbitrage rebate) to the Federal
government, use Fonn 8038-T, Arbitrage
Rebate and Penalty In Lieu of Arbitrage
Rebate. For pdvate activity bonds, use Forth
8038, Infortnatlon Return for Tax-Exempt
Private Activity Bond Issues.
Rounding to Whole Dollars
You may show fhe money hems on thts return
as wtwledollar amounts. To do so, tlrop any
amount less than 50 cents and Increase any
amount from 50 cents through 99 cents to the
hex! higher dollar.
Definitions
Obligations. This refers to a single
tax~xempt governmental obligadon if Fonn
8038-GC is used for separate reporting or to
multlple tax-exempt governmental obligations
ff the form is used for consolidated reporting.
Tax~exempt obligation. This is a bond,
installment purchase agreement, or finandal
lease, on which the interest is excluded from
Income under section 103.
Tax~xempt governmental obligation. A
fax-exempt obligatlon that is not a private
activity bond (see below) Is atax-exempt
governmental obligation. This includes a bond
issued by a qualified volunteer fire department
under section 150(e).
Pnvate adtvity bond. Thfs includes an
obligation Issued as part of an issue of which:
• More than 10Y of the proceeds are to be
used for any private business use,
and